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04-0706_ORANGE, COUNTY OF_D17_Agenda Report0 • 7/6/2004 D17 AGENDA REPORT TO: David F. Adams, City Manager FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of the Fifth Amendment to Five-year Law Enforcement Services Agreement for fiscal year 2004-2005. RECOMMENDATION: By motion, approve the Fifth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services in the amount of $5,331,979 from July 1, 2004 to June 30, 2005. SITUATION: Since 1961, the City of San Juan Capistrano has contracted with the County of Orange for the Sheriff -Coroner Department to provide law enforcement services. In August of 2000, the City Council approved a five-year Service Agreement between the County and the City to continue this contract partnership. This is the fifth amendment to the original 2000 Service Agreement. Staffing remains the same for the new fiscal year agreement as follows: The attached Fifth Amendment to the five-year law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for a continuation of law enforcement services (Sheriff -Coroner Department) to the City of San Juan Capistrano, at the same level, throughout fiscal year 2004-2005. The agreement (see Attachment 1) specifically describes the various services provided by the Sheriffs Department. Staff General Responsibility 1- Lieutenant Chief of Police Services 4 - Sergeants Field supervision and administrative duties 2 - Investigators Investigate general crimes in the City 21- Deputy Sheriffs Patrol, special enforcement, red-light camera administration, directed enforcement, and motorcycle traffic enforcement, among other duties -2- Community Services Officers Parking enforcement and traffic accident investigation The attached Fifth Amendment to the five-year law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for a continuation of law enforcement services (Sheriff -Coroner Department) to the City of San Juan Capistrano, at the same level, throughout fiscal year 2004-2005. The agreement (see Attachment 1) specifically describes the various services provided by the Sheriffs Department. Agenda Report Page 2 July 6, 2004 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: The total cost of services is $5, 331,979. The amount has been included in the 2004-2005 fiscal year budget. A mid -year increase of $12,357 was added to the 2003-2004 fiscal year budget to cover increased health insurance benefits adjusting the budget to $5, 303,706. The 2004-2005 fiscal year budget was increased $28,273 over the mid -year adjustment. The adjustments were primarily based on increased costs of transportation, retirement and insurance benefits for law enforcement personnel. This represents an increase of less than 1 %, or $40,630 over last year's initial agreement. In addition, labor contracts for salaries and benefits are scheduled to be renegotiated in September/October of 2004, which might impact the amount of the fiscal year 2004-2005 agreement. NOTIFICATION: Michael S. Carona, Sheriff -Coroner Orange County Sheriffs Department 320 N. Flower Street Santa Ana, CA 92703 RECOMMENDATION: By motion, approve the Fifth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services in the amount of $5,331,979 from July 1, 2004 to June 30, 2005. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Fifth Amendment to Agreement 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIFTH AMENDMENT TO AGREEMENT is entered into this First day of June 2004, which date is enumerated for purposes of reference only, I: and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", to amend, effective July 1, 2004, that certain Agreement between the parties commencing July 1, 2000, hereinafter referred to as the "Agreement". 1. REGULAR SERVICES BY COUNTY For the period July 1, 2004, through June 30, 2005, Subsection C-4 of the Agreement is amended to read as follows: 'A. The level of service, other than for licensing, to be provided by COUNTY for the period July 1, 2004 through June 30, 2005, shall be as follows: Supervision: • One (1) Lieutenant (40 hours per week) • Four (4) Sergeants (one Sergeant equals 40 hours per week) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Page 1 of 11 Attachment 1 1 2 3 4 5 6 8 91 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (40 hours per week, per unit) Three (3) designated motorcycle units (40 hours per week, per unit) Deployment to be determined by SHERIFF in cooperation with CITY manager. Community Support Unit: Three (3) Deputy Sheriff II's (each 40 hours per week) Parking Control: Two (2) Community Services Officers (each 40 hours per week) Shared Staff South County Regional Support Services: 7.94 percent of three-fourths of one (.75) Sergeant — Traffic 7.94 percent of three (3) Deputy Sheriff II's — Traffic 7.94 percent of two (2) Investigative Assistants — Traffic • 7.94 percent of one and one half (1.5) Office Specialists — Traffic 6.68 percent of one (1) Investigator—Auto Theft • 6.68 percent of one (1) Office Specialist — Auto Theft 9.73 percent of three (3) Investigative Assistants — Court 11.54 percent of one half of one (.5) Motorcycle Sergeant 2. For the period of July 1, 2004 through June 30, 2005, Subsections G-2, G-3, G-4 of the Agreement are amended to read as follows: I // I // "2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the cost of services described in Subsection C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2004 through June 30, 2005, shall be as follows: Page 2 of 11 1 2 3 4 5 6 7 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $217,446/each $ 217,446 • Four (4) Sergeants @ $195,678/each $ 782,712 Patrol/Traffic Services: • Fifteen (15) Patrol Units @ $166,426/unit $ 2,496,390 • Three (3) Motorcycle Patrol Units @ $159,962/unit $ 479,886 Community Support Unit: Three (3) Deputy Sheriff II's @ $158,453/each $ 475,359 Investigation Services: Two (2) Investigators @ $184,984/each $ 369,968 Parking Control: Two (2) Community Services Officers @ $84,784/each $ 169,568 South County Regional Support: 7.94% of three-fourths of one (.75) Sergeant - Traffic @ $192,954/each $ 11,490 7.94% of three (3) Deputy Sheriff ll's - Traffic @ $144,057/each $ 34,314 • 7.94% of one and one half (1.5) Office Specialists - Traffic @ $64,019/each $ 7,625 Page 3 of 11 1 2 3 4 5 6'' 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 9 SERVICE COST OF SERVICE 7.94 % of two (2) Investigative Assistants - Traffic @ $72,092/each • 6.68 % of one (1) Investigator — Auto Theft @ $161,364/each 6.68% of one (1) Office Specialist — Auto Theft @ $60,775/each 9.73% of three (3) Investigative Assistants — Court @ $72,994/each 11.54% of one half of one (.5) Motorcycle Sergeant @ $201,070/each plus $993 for training equipment Other Charges and Credits: Charges: MDC recurring cost; Contract Management; premium pay for bilingual staff; annual leave, vacation, on-call and holiday pay; mileage interest; video camera replacement, and shared difference of an Investigator and Sergeant; services and supplies. Credits: False alarm fees; reimbursement for training and miscellaneous programs; cost difference of a deputy investigator rotational position and an investigator. $ 11,448 $ 10,779 $ 4,060 $ 21,307 $ 12,597 $ 227,030 TOTAL COST OF SERVICES 5.331.979 3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Subsection C-4 of this Agreement and rendered by COUNTY between July 1, 2004 and June 30, 2005, is $5,331,979. Page 4 of 11 1 2 3 4 5 6 7 a 13 14 15 16 n 16 1s 20 21 22 23 24 25 26 27 26 • 4. a. At the time this Fifth Amendment is executed, there are unresolved issues pertaining to potential increases in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the Fiscal Year 2004-05 costs set forth in Subsection G-2 nor in the Fiscal Year 2004-05 Maximum Obligation of CITY set forth in Subsection G-3 of this Fifth Amendment. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this Fifth Amendment, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2004 through June 30, 2005, and CITY's Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro -rata basis over the portion of the period between July 1, 2004 and June 30, 2005 remaining after COUNTY notifies CITY that increases are payable. b. If CITY is required to pay for increases as set forth in Subsection G -4-a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this Fifth Amendment to a level that will make the Maximum Obligation of CITY hereunder an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 of this Fifth Amendment at the time it originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre -increase level or at any other higher level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to the Agreement so providing. Decisions about how to reduce the level of Page 5 of 11 1 service provided to CITY shall be made by SHERIFF with the approval of 2 CITY." 3 3. Effective July 1, 2004, Section M of the Agreement is amended to read as follows: 4 "M. TRAFFIC VIOLATOR APPREHENSION PROGRAM 5 1. COUNTY has established a Traffic Violator Apprehension Program ["the 6 Program"], which is operated by SHERIFF, and is designed to reduce vehicle 7 accidents caused by unlicensed drivers and drivers whose licenses are 8 suspended and to educate the public about the requirements of the Vehicle 9 Code and related safety issues with regard to driver licensing, vehicle 10 registration, vehicle operation, and vehicle parking. The Program operates 11 throughout the unincorporated areas of the COUNTY and in the cities that 12 contract with COUNTY for SHERIFF's law enforcement services, without regard 13 to jurisdictional boundaries, because an area -wide approach to reduction of 14 traffic accidents and driver education is most effective in preventing traffic 15 accidents. In order for CITY to participate in the Program, CITY has adopted a 16 fee pursuant to Vehicle Code section 22850.5, in the amount and under the 17 terms and conditions set forth in the TVAP resolution that is attached to the 18 Agreement as Attachment D and incorporated into the Agreement by reference, 19 and has directed that the revenue from such fee be used for the Program._ 20 CITY's participation in the Program may be terminated at any time by rescission 21 or amendment of the TVAP resolution that is attached to the Agreement as 22 Attachment D. In the event CITY 1) amends said TVAP resolution, or rescinds 23 said TVAP resolution and adopts a new TVAP resolution pertaining to the 24 above -referenced fee and the Program, and 2) remains a participant in the 25 Program thereafter, CITY's Manager, on behalf of CITY, and SHERIFF, on 26 behalf of COUNTY, have authority to execute an amendment of the Agreement 27 to substitute CITY's amended or new TVAP resolution for Attachment D to the 28 Page 6 of 11 0 0 1 Agreement, as long as said amendment to the Agreement does not materially 2 change any other provision of the Agreement. 3 2. COUNTY will make available for review, at the request of CITY, all financial 4 data related to the Program as may be requested by CITY. 5 3. Fee revenue generated by COUNTY and participating cities will be used to fund 6 the following positions, which will be assigned to the Program: 7 . One fourth of one (.25) Sergeant 6 (10 hours per week) 9 . One (1) Staff Analyst 10 (40 hours per week) 11 . One (1) Information Processing Specialist 12 (40 hours per week) 13 . One (1) Deputy Sheriff II 14 (40 hours per week) 15 . One (1) Investigative Assistant 16 (40 hours per week) 17 . Two (2) Office Specialists 19 (40 hours per week) 19 4. Fee revenue generated by CITY may be used to reimburse CITY for 20 expenditures for equipment and/or supplies directly in support of the Program. 21 In order for an expenditure for equipment and/or supplies to be eligible for 22 reimbursement, CITY shall submit a request for and obtain pre -approval of the 23 expenditure by using the form as shown in Attachment E. 24 The request shall be submitted within the budget schedule established by 25 SHERIFF. SHERIFF shall approve the expenditure only if both of the following 26 conditions are satisfied: 1) there are sufficient Program funds, attributable to 27 revenue generated by CITY's fee, to pay for the requested purchase, and 2) 28 H Page 7 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I[! 25 27 28 0 0 CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase. In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY's TVAP resolution in effect at the time of purchase. 5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY's share of Program services rendered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to the Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY." Effective July 1, 2004, Section N of the Agreement is amended to read as follows: "N. MOBILE DATA COMPUTERS 1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called "MDCs") that are or will be mounted in patrol vehicles and motorcycles designated by COUNTY for use within CITY limits. Page 8 of 11 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rj 0 2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to the Agreement. 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said MDCs during the period July 1, 2004 through June 30, 2005. 4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or motorcycles designated for use in the CITY, or for CITY Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDC's, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. 5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the Page 9 of 11 M 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs." 5 All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this FIFTH AMENDMENT TO AGREEMENT, remain unchanged. Page 10 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the FIFTH AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: ATTEST: City Clerk DATED: COUNTY OF ORANGE Im CITY OF SAN JUAN CAPISTRANO BY: Mayor APPROVED AS TO FORM BY: (C 1AA lib City Attorney Chair of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Benjamin P. de Mayo, County Counsel Orange County, County, California BY: ' J Deputy DATED: V2 -&e 6/21104 Page 11 of 11 • • AnACHNENf D. RESOLUTION NO_ 00-7-18-4 ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM WHEREAS, the City of San Juan Capistrano contracts with the Orange County Sheriffs Department for law enforcement services; and, WHEREAS, as a contract City, San Juan Capistrano is eligible to participate in the County's new Traffic Violator Apprehension Program; and, WHEREAS, the goals of the Traffic Violator Apprehension Program are to reduce the number of collisions involving suspended or unlicensed drivers, to reduce the number of hit and run collisions, to establish a public education program to deter violators, and to establish a cost recovery system to pay for continued enforcement; and, WHEREAS, the Traffic Violator Apprehension Program is funded by a Traffic Safety Grant from the State of California and on-going revenues will be generated from the collection of vehicle impound fees within the unincorporated areas of the County and participating cities that contract for law enforcement services with the Orange County Sheriffs Department; and, WHEREAS, the County Board of Supervisors has established a fee of $50 for each vehicle towed/stored/impounded as a result of negligent operation of a vehicle and a $152 fee for each vehicle impounded for 30 days, based on the actual administrative costs for the identification and apprehension of drivers with suspended or revoked licenses or unlicensed motorists; and, WHEREAS, all of the impound fees will be collected by the County and deposited into a Traffic Violator Apprehension Fund for use by this program exclusively. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolve, determine and order as follows: SECTION 1. Authorize the City of San Juan Capistrano to participate in the Traffic Violator Apprehension Fund; and, -1- Exhibit A 428 E SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000. OLLE AMPBE , MAYOR ATTEST: _ /1')dI2 .&����✓v STATE OF CALIFORNIA ) COUNTY OF ORANGE j ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-7-18-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of July, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO SO , CITY CLERK -2- :3 Q 0 E H a 0 ATTACHMENT E Q Exhibit B